The sale of controlled substances is a serious offense that carries severe consequences. In the state of New York, the criminal sale of a controlled substance in the second degree is one of the most severe drug offenses. This offense is defined in the New York Penal Law § 220.41 and involves the sale of a controlled substance in an amount exceeding two ounces or involving a narcotic drug. Individuals convicted of this offense can face significant fines and lengthy prison sentences. This Eastcoastlaws.com article will provide an overview of the criminal sale of a controlled substance in the second degree in New York, including the elements of the offense, the penalties for conviction, and potential defenses that may be available to those facing this charge.
If you illegally possess narcotics as described below, you have engaged in the crime of criminal sale of a controlled substance in the second degree as defined by New York Penal Code 220.41.
- Narcotics weighing at least .5 ounces,
- Methamphetamine weighing at least .5 ounces,
- A stimulant weighing at least 5 grams,
- Lysergic acid diethylamide weighing at 5 milligrams,
- A hallucinogen weighing at least 25 milligrams,
- A hallucinogenic weighing at least 5 grams, or
- Methadone weighing at least 360 milligrams
Definition And Elements Of Criminal Sale Of A Controlled Substance In The Second Degree
Criminal sale of a controlled substance in the second degree is a serious drug-related offense in the state of New York. It is defined as the unlawful sale of a controlled substance with the intent to sell it, and the substance involved in the sale falls under Schedule I or II of the New York State Public Health Law.
The elements of the Criminal sale of a controlled substance in the second degree include:
- Unlawful sale: The defendant must have made an unlawful sale of a controlled substance. This means that the sale was not authorized by law, such as a prescription or dispensation by a licensed medical practitioner.
- Intent to sell: The defendant must have had the intent to sell the controlled substance. This means that they intended to transfer the substance to another person in exchange for money or other goods or services.
- Controlled substance schedule: The substance involved in the sale must fall under Schedule I or II of the New York State Public Health Law. This includes substances such as heroin, cocaine, methamphetamine, fentanyl, and oxycodone, among others.
- Quantity of substance: The quantity of the substance involved in the sale must be at least one-half ounce or at least five grams of a mixture or substance containing a narcotic drug.
If a defendant is found guilty of criminal sale of a controlled substance in the second degree, they may face significant penalties, including imprisonment and fines. It is important to note that these penalties may vary depending on the specific circumstances of the case and the defendant’s criminal history.
New York Penal Code § 220.41: Criminal Sale Of A Controlled Substance In The Second Degree.
Selling any of the following illegally and with knowledge constitutes the criminal sale of a prohibited substance in the second degree.
- one or more preparations, compounds, mixtures, or substances containing a narcotic drug and the preparations, compounds, mixtures, or substances are of an aggregate weight of a one-half ounce or more; or
- one or more preparations, compounds, mixtures, or substances containing methamphetamine, its salts, isomers, or salts of isomers, and the preparations, compounds, mixtures, or substances are of an aggregate weight of a one-half ounce or more; or
- a stimulant and the stimulant weighs five grams or more; or
- lysergic acid diethylamide and the lysergic acid diethylamide weighs five milligrams or more; or
- a hallucinogen and the hallucinogen weighs one hundred twenty-five milligrams or more; or
- a hallucinogenic substance and the hallucinogenic substance weighs five grams or more; or
- methadone and methadone weigh three hundred sixty milligrams or more.
Penalties And Sentencing For Criminal Sale Of A Controlled Substance In The Second Degree
Possession of a controlled substance in the second degree is one of the most serious offenses in the New York Penal Code, classified as a class A-II felony. Accordingly, if found guilty, you risk receiving a life sentence in jail and a fine of up to $50,000. Three to eight years in prison would be the minimum sentence. Your actual sentence will be determined by a number of variables, such as your criminal past.
Defenses To Criminal Sale Of A Controlled Substance In The Second Degree
A potential defense to being charged with illegal sale of a controlled substance in the second degree is to dispute the number of narcotics discovered during the occurrence. A charge of criminal sale of a prohibited substance in the second degree would not be admissible, for instance, if the authorities discovered methamphetamine on you but it weighed less than.5 ounces.
Another argument would criticize how the drugs were located by the cops. Police must have a reason to believe they can conduct a search before they do so. Drugs found during a search that was illegal would not be admissible in court, and your case would probably be dismissed.
Examples Of Criminal Sale Of A Controlled Substance In The Second Degree Cases
The police were informed that a significant quantity of cocaine was being kept in a warehouse and that it would be dispersed to a number of individuals before being sold. The warehouse is under police surveillance. They saw a man walk into the storage facility and then exit with a tiny item. They followed the man and saw him hand the bundle to the woman for what looked like cash. The police learned that the package contained cocaine after they had both the man and the woman arrested. The individual may face charges for second-degree criminal sale of a controlled narcotic if that package contains at least.5 ounces of cocaine.
Legal Representation For Criminal Sale Of A Controlled Substance In The Second Degree
If you are facing charges of criminal sale of a controlled substance in the second degree in New York, it is important to obtain legal representation from an experienced criminal defense attorney. The consequences of a conviction can be severe, and a skilled attorney can help protect your rights and interests throughout the legal process.
A criminal defense attorney can provide you with valuable guidance and representation in several ways, including:
- Assessing your case: An attorney can review the evidence against you and evaluate the strengths and weaknesses of the case. This can help you better understand your options and potential outcomes.
- Developing a defense strategy: Your attorney can develop a strategy tailored to your specific case, such as challenging the legality of the search or seizure of evidence, arguing that the substance was not a controlled substance, or asserting that you did not have the intent to sell.
- Negotiating with prosecutors: In some cases, an attorney may be able to negotiate a plea bargain with prosecutors. This can involve reducing the charges, minimizing the penalties, or finding alternatives to incarceration, such as drug treatment programs.
- Representing you in court: If your case goes to trial, your attorney can represent you in court, cross-examine witnesses, and present evidence on your behalf.
- Providing emotional support: Facing criminal charges can be stressful and overwhelming. An attorney can provide you with emotional support and help you navigate the legal system.
Overall, it is critical to have a skilled and knowledgeable criminal defense attorney on your side if you are facing charges of criminal sale of a controlled substance in the second degree in New York. They can protect your rights, help you understand your options, and work tirelessly to achieve the best possible outcome for your case.